FLORIDA ) FINANCIAL SERVICES ALEX SINK CHIEF FINANCIAL OFFICER STATE OF FLORIDA cha] ai OT U8 Hs gp IN THE MATTER OF: Docketed by: A CASE NO.: 88381-06-AG PATRICIA ANN ANTHONY ne | TO: O7-assyPl ADMINISTRATIVE COMPLAINT PATRICIA ANN ANTHONY 1146 215" Court Vero Beach, Florida 32960 PATRICIA ANN ANTHONY Anthony Bail Bonds 3304 Aviation Blvd. Vero Beach, Florida 32960 LAUREN FERNANDEZ, ESQ. 1330 Coral Way Miami, Florida 33145 You, PATRICIA ANN ANTHONY, are hereby notified that the Chief Financial Officer of the State of Florida has caused to be made an investigation of your activities while licensed as a bail bond agent in this state, as a result of which it is alleged: GENERAL ALLEGATIONS 1. Pursuant to Chapter 648, Florida Statutes, you, PATRICIA ANN ANTHONY, are currently licensed in this state as a limited surety (bail bond) agent, license LD. #4007248. 2. At all times pertinent to the dates and occurrences referred to herein, you, PATRICIA ANN ANTHONY, were licensed in this state as a limited surety (bail bond) agent. 3. Pursuant to Chapter 648, Florida Statutes, the Florida Department of Financial Services has jurisdiction over your bail bond license and appointments. 4. At all times pertinent to the dates and occurrences referred to herein, you, PATRICIA ANN ANTHONY, were a limited surety (bail bond) agent for Anthony Bail Bonds, a bail bond agency located at 3304 Aviation Blvd., Vero Beach, Florida 32960. COUNT I 5. The above general allegations are hereby realleged and fully incorporated herein by reference. 6. Pursuant to Section 648.442(4), Florida Statutes, when the obligation of the surety _ on the bond or bonds has been released in writing by the court, the collateral shall be returned to the rightful owner named in the collateral receipt unless another disposition is provided for by legal assignment of the right to receive the collateral to another person. 7. Pursuant to Section 648.45(2)(n), Florida Statutes, the Department shall deny, suspend, revoke, or refuse to renew any license or appointment issued under this chapter or the insurance code, and it shall suspend or revoke the eligibility of any person to hold a license or appointment under this chapter or the insurance code, for any violation of the laws of this state relating to bail or any violation of the insurance code or if the person has failed to return collateral. 8. Section 648.442(3), Florida Statutes, provides in part that collateral security shall be received and held in the insurer's name by the bail bond agent in a fiduciary capacity and, prior to any forfeiture of bail, shall be kept separate and apart from any other funds or assets of such bail bond agent. When collateral security in excess of $5,000 cash or its equivalent is received by a bail bond agent, the entire amount shall be immediately forwarded to the insurer. 9. On or about August 12, 1998, D.K. was arrested by the Vero Beach Police Department and was charged with the felony of Lewd, Lascivious or Indecent Act. The criminal charge was filed in the Circuit Court in and for Indian River County, case # 98-1202-CFA. 10. On or about August 13, 1998, you, PATRICIA ANN ANTHONY, in your capacity as a bail bond agent for Anthony Bail Bonds, executed a bond for the release of defendent D.K. of Fort Pierce, Florida. 12, On or about August 13, 1998, you, PATRICIA ANN ANTHONY, collected $25,000.00. dollars in collateral (check #135) and $2,500.00 dollars in premium (check #136) . from D.K. for that bond. 13. You, PATRICIA ANN ANTHONY, did not forward any collateral for D.K.’s bond to Surety Corporation of America, the surety insurer, for D.K’s bond. 14, On March 18, 1999, a Nolle Prosequi was filed in D.K.’s case # 98-1202-CFA in the Circuit Court in and for Indian River County and the bond was discharged. 15. Following discharge of the bond, you, PATRICIA ANN KELLEY, failed to return the $25,000.00 dollars in collateral to D.K. 16. D.K. was not returned the full amount of collateral for over five (5) years. If IS THEREFORE CHARGED that you, PATRICIA ANN ANTHONY, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the | Department of Financial Services which constitute grounds for the suspension or revocation of your licenses and appointments: (a) Has demonstrated lack of fitness or trustworthiness to engage in the bail bond business. [Section 648.45(2)(e), Florida Statutes]; (b) Is guilty of misappropriation, conversion, or unlawful withholding of moneys belonging to a surety, a principal, or others and received in the conduct of business under a license. [Section 648.45(2)(h), Florida Statutes]; (c) Has demonstrated a course of conduct or practices which indicate that the licensee is incompetent, negligent, or dishonest or that property or tights of clients cannot safely be entrusted to him or her. [Section 648,45(2)(p), Florida Statutes]; (d) Has willfully failed to comply with or willfully violated any proper order or rule of the department or willfully violated any provision of this chapter or the insurance code. [Section 648.45(2)(), Florida Statutes]; (ec) Has failed to return collateral. [Section 648.45(2)(n), Florida Statutes]; (f . Violation of any law relating to the business of bail bond insurance or violation of any provision of the insurance code. [Section 648.45(3)(c), Florida Statutes]. COUNT IL 17. The above general allegations are hereby realleged and fully incorporated herein by reference. 18. According to the United States Postmaster in Vero Beach, Anthony Bail Bonds is no longer located at 1525 20 Street, Vero Beach, Florida 32960-3563. 19, You, PATRICIA ANN ANTHONY, moved your business location, and failed to change your primary agent filing and licensing records to reflect the new business address within ten (10) days of the change. IT IS THEREFORE CHARGED that you, PATRICIA ANN ANTHONY, have violated or are accountable under the following provisions of the Florida Insurance Code and Rules of the Department of Financial Services which constitute grounds for the suspension or revocation of your licenses and appointments: (a) Each licensee under this chapter shall notify in writing the department, insurer, managing general agent, and the clerk of each court in which the licensee is registered within 10 working days after a change in the licensee's principal business address or telephone number. The licensee shall also notify the department within 10 working days after a change of the name, address, or telephone number of each ‘agency or firm for which he or she writes bonds and any change in the licensee's name, home address, or telephone number. [Section 648.421, Florida Statutes]; . (b) Each licensee under Chapter 648, Florida Statutes, shall notify in writing the Department of Financial Services, Bail Bond Section, Larson Building, 200 E. Gaines Street, Tallahassee, Florida 32399-0320, insurer, managing general agent and the clerks of each court in which they are registered, of a change of each business address, telephone number, or name of each agency or firm for which they write bonds within ten (10) working days of such change. [Section 69B-221.060, Florida Administrative Code]; (c) Has willfully failed to comply with or willfully violated any proper order or rule of the department or willfully violated any provision of this chapter or the insurance code. [Section 648.45(2)(j), Florida Statutes]; (d) Violation of any law relating to the business of bail bond insurance or violation of any provision of the insurance code. [Section 648.45(3)(c), Florida Statutes]. WHEREFORE, you, PATRICIA ANN ANTHONY, are hereby notified that the Chief Financial Officer intends to enter an Order suspending or revoking your licenses and appointments as an insurance agent or to impose such penalties as may be provided under the provisions of Sections 648.45, 648.46, 648.49, 648.50, 648.51, 648.52, 648.53, and 648.571, Florida Statutes; and under the other referenced Sections of the Florida Statutes as set out in this Administrative Complaint. NOTICE OF RIGHTS You have the right to request a proceeding to contest this action by the Department of Financial Services ("Department") pursuant to Sections 120.569 and 120.57, Florida Statutes, and Rule 28-106, Florida Administrative Code. The proceeding request must be in writing, signed by you, and must be filed with the Department within twenty-one (21) days of your receipt of this notice. Completion of the attached Election of Proceeding form and/or a petition for administrative hearing will suffice as a written request. The request must be filed with the General Counsel acting as Agency Clerk, at the Florida Department of Financial Services, 612 Larson Building, 200 East Gaines Street, Tallahassee, Florida 32399-0333. Your written Tesponse must be received by the Department no later than 5:00 p.m. on the twenty-first day after your receipt of this notice. Mailing the response on the twenty-first day will not preserve your right to a hearing, YOUR FAILURE TO RESPOND IN WRITING WITHIN TWENTY-ONE (21) DAYS OF YOUR RECEIPT OF THIS NOTICE WILL CONSTITUTE A WAIVER OF YOUR RIGHT TO REQUEST A PROCEEDING ON THE MATTERS ALLEGED HEREIN AND AN ORDER OF SUSPENSION OR REVOCATION WILL BE ENTERED AGAINST YOU. | If you request a proceeding, you must provide information that complies with the requirements of Rule 28-106.2015, Florida Administrative Code. As noted above, completion of the attached Election of Proceeding form conforms to these requirements. Specifically, your response must contain: | (a) The name, address, and telephone number, and facsimile number (if any) of the respondent (for the purpose of requesting a hearing in this matter, you are the "respondent"). (b) The name, address, telephone number, facsimile number of the attorney or qualified representative of the respondent (if any) upon whom service of pleadings and other papers shall be made. (c) A statement requesting an administrative hearing identifying those material facts that are in dispute. If there are none, the petition must so indicate, (d) A statement of when the respondent received notice of the administrative complaint. - | (e) A statement including the file number to the administrative complaint. Ifa hearing of any type is requested, you have the right to be represented by counsel or other qualified representative at your expense, to present evidence and argument, to call and cross-examine witnesses, and to compel the attendance of witnesses and the production of documents by subpoena. If a proceeding is requested and there is no dispute of material fact, the provisions of Section 120.57(2), Florida Statutes, apply. In this regard, you may submit oral or written . evidence in opposition to the action taken by the Department or a written statement challenging the grounds upon which the Department has relied. While a hearing is normally not required in the absence of a dispute of fact, if you feel that a hearing is necessary, one will be conducted in Tallahassee, Florida, or by telephonic conference call upon your request. However, if you dispute material facts which are the basis for the Department’s action, you must request an adversarial proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes. These proceedings are held before a State Administrative Law Judge of the Division of Administrative Hearings. Unless the majority of witnesses are located elsewhere, the Department will request that the hearing be conducted in Tallahassee, Florida. Failure to follow the procedure outlined with regard to your response to this notice may result in the request being denied. Al prior oral communication or correspondence in this matter shall be considered freeform agency action, and no such oral communication or correspondence shall operate as a valid request for an administrative proceeding. Any request for an administrative proceeding received prior to the date of this notice shall be deemed abandoned unless timely renewed in compliance with the guidelines as set out above. Mediation of this matter pursuant to Section 120.573, Florida Statutes, is not available. No Department attorney will discuss this matter with you until the response has been received by the Department. DATED and SIGNED this “114 day of __ 2007. IN CHANDLER Deputy Chief Financial Officer - e CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing ADMINISTRATIVE COMPLAINT and ELECTION OF PROCEEDING has been furnished to: PATRICIA ANN ANTHONY, 3304 Aviation Blvd., Vero Beach, FL 32960; LAUREN FERNANDEZ ESQ. 1330 Coral Way, Miami, FL 33145 by Certified Mail this” —_ day of Nn | uA > 2007. . Faull a 4, Restricted Delivery? (Extra Fee) ¥ Yes 1. Article Addressed to: late war Town iat mel werebi “2 Article Number PATRICIA ANN ANTHONY , 1146 21ST COURT ‘ Ese VERO BEACH, FL ESTRIC TR ICTE FUbO FOL W848 4435 SUS D. ary address Olerent trom item 1? ives anlar delivery address below: {CJ No NERY. 8. Service Type CERTIFIED MAIL 2, Artlcta Number na FULD BAL TNA HHS AB Reference Information Ed Agont 88381-06-AG/AC (a May.9, 2007 D, Is cahen address ollferent trom tern 1? Bie 'R ILYES, enter dativery address below: fo Ric ie . Me de Fa hevbiig 3. Service Type CERTIFIED MAIL 4, Restricted Delivery? (Extra Fae) 7. Articla Addressed ta: : un waa AUREN FERNANDEZ Reference Information ee pe tn ineeneeenneneetnanes Sten L ) : 1-06-AG x 1380NW 16" STREET . May 23 ae ‘ MIAMI, FL 33125 fos% 7 . Kitchen yt ah | wv ( \ Q | \. : - ay | a i Domestic Return Receipt ; { d PS Form 3811, July 2001

Docket for Case No: 07-005496PL